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Saturday, August 25, 2007

Roberts interviews San Diego Mayor Sanders about Sanctuary Cities

DISCLAIMER: The different points of views on the Rick Roberts are not supported nor do they reflect the views and beliefs of The Bosun Locker or any entity affiliated with the Bos’un

This morning we spoke to Mayor Jerry Sanders. The topic was San Diego as a sanctuary city. For as much as I like Mayor Sanders personally, I’ll admit… I was disappointed.

Mayor Sanders was NOT informed on federal regulation 287 (g).

Mayor Sanders waffled on the migrant camp policy in 6.18. When I asked him if migrant camps were full of illegal aliens, he at first said yes… But later said no.

He admitted that they cannot treat all persons the same for traffic violations, (You’ve gotta love that illegal alien get out of jail free card!!)

To back his statements on air, the Mayor Will not declare in a proclamation that we are NOT a sanctuary city.

The Mayor states that the City of San Diego is not a sanctuary city, nor does it have sanctuary city policies. When I asked for his own definition of a sanctuary city, Sanders said that his definition is when the city officially declares itself to be one, and they tell their police officers not to interact with illegal immigrants. (That’s peculiar… Because minus the ‘official’ part, that IS what a “don’t ask, don’t tell” sanctuary city is, and that DOES sound a lot like OUR city’s policy!)

But the Mayor cannot decipher any difference between the City of San Diego’s policies and the policies of ‘official’ sanctuary cities.

Local government CAN do something about immigration… for the good, whether it be in Escondido standing against illegal alien renters, Nashville has enforcing the 287 (g) program, or police in Newark, NJ teaming up with feds… But local government can also use their power for the worst. Mayor Inzunza made National City an official sanctuary city just last year…

The disappointment for the City of San Diego is that as a result of the Mayor and City Council ignoring it and/or doing nothing about the “don’t ask, don’t tell” policy, we’re nothing more than a large version of National City.

Making a city an ‘official’ sanctuary city for illegal aliens is the same as LEAVING it an ‘unofficial’ sanctuary.

YOU CAN LISTEN TO MY FULL INTERVIEW WITH MAYOR SANDERS BY CLICKING HERE.

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And…

For those of you who AREN’T with local government, the following is what our elected officials should know about:

What is the 287 (g) Program?• The Illegal Immigration Reform and Immigration Responsibility Act (IIAIRA) of September 30, 1996, amended the Immigration and Nationality Act by adding 287 (g), a program that authorizes the Secretary of the Department of Homeland Security (DHS) to enter into a written Memorandum of Agreement (MOA) with state and local law enforcement to authorize qualified personnel to perform certain acts of an Immigration Officer.

What is the program designed to do?• According to representatives from the Bureau of Immigration and Customs Enforcement (ICE), the federal agency within DHS that is charged with implementation of the program, 287 (g) is designed to enable state and local law enforcement personnel, in the course of their normal duties, to question and detain individuals for potential removal from the United States if these individuals are identified as criminal illegal aliens – individuals who pose a significant threat to national security and public safety.

Doesn’t the City’s Police Department already have that authority?• Police may currently arrest and detain criminal illegal aliens but must rely on ICE agents to process the paperwork necessary to start the deportation process. 287 (g) empowers participating state and local agencies to process these individuals directly and to ensure that they are entered into the ICE system for potential deportation.

What is the program not designed to do?• The 287 (g) program is not designed for rounding up illegal aliens in random street operations. It is not designed to impact issues such as excessive occupancy and day worker activities. In outlining the program, ICE representatives have repeatedly emphasized that it is designed to identify the “worst of the worst” for potential deportation; any effort to expand the program to arrest all illegal aliens would rapidly overwhelm, and ultimately shut down, the system. What is the process by which a local agency enters into the program? A letter of interest is submitted by a local or state agency’s top law enforcement and administrative officials to ICE. If approved, ICE and the local or state agency enter into a Memorandum of Agreement that authorizes qualified personnel to participate in the program.

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Mayor Sanders also faxed the Congressional Research Service on August 20th, demanding that San Diego be taken off the report’s list.

The following is what Mayor Jerry Sanders wrote to the director of the Congressional Research Service, Daniel Mulhollan:

“Dear Director Mulhollan:

It has come to my attention that the latest Congressional Research Service annual report has concluded that the City of San Diego has “sanctuary policies” or “non-cooperation policies” in place with respect to enforcing immigration laws. I vehemently disagree with your conclusion that any San Diego city policy, including the San Diego Police Department policy concerning undocumented persons, is either a “sanctuary” or “non-cooperation” policy and would respectfully request that you remove the City of San Diego from your list of such cities.

The San Diego Police Department’s policy concerning “Adult Undocumented Persons” is found in SDPD policy 6.18. The policy is very clear that the SDPD’s primary responsibility is to enforce all state and local laws. However, if during the investigation of a state or local crime, an arrested subject is determined to be illegally in the United States, Department Policy 6.18 specifically states that a hold for Bureau of Immigration and Customs Enforcement (ICE) “shall be placed on the prisoner.” Even if no arrest occurs, but an undocumented person is detained due to a “reasonable suspicion” that criminal activity exists, officers are still authorized to notify ICE or the Border Patrol. It is unclear to me what criteria the CRS used to make a determination that the City of San Diego has “sanctuary policies.”

As you are aware, immigration violations are governed almost exclusively by federal law, specifically the Immigration and Nationality Act (INA). Currently, the INA provides limited avenues for state and local enforcement of its provisions. As your report notes, local governments have traditionally only been permitted to directly enforce criminal provisions. You further state in your report that “the enforcement of the civil provisions, which includes apprehension and removal of deportable aliens, as strictly been viewed as a federal responsibility, with states playing an incidental role.” To suggest that San Diego is a “sanctuary city” simply because the City of San Diego DOES NOT HAVE THE RESOURCES TO PERFORM THE ENFORCEMENT FUNCTION OF THE FEDERAL GOVERNMENT with respect to immigration violations is irresponsible and insulting. In contrast to what many other cities have done, San Diego has never held itself out as a sanctuary city. The City of San Diego respect and actively enforces all applicable federal, state, and local laws. Your characterization of San Diego as a city with “sanctuary policies” is flawed and inaccurate.

Therefore, I formally request that your remove San Diego from any list that designates us as either a “sanctuary city” or as a city with “sanctuary policies” in place. Also, it would be helpful if you could please provide us with a copy of any analysis that went into designating San Diego as a city with “sanctuary policies” for our review.

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